Opinion: State should lead easement fight

Gov. Chris Christie drew a line in the sand this week at a Long Beach Island town hall meeting, railing against the greedy, mule-headed homeowners who refuse to sign easements allowing dunes to be constructed in front of their beachfront homes.

"We are building these dunes, OK? We are building these dunes whether you consent or not," Christie said, calling the holdouts "knuckleheads."

Christie should indeed bring the power of the state government to bear on this issue, rather than leaving it entirely up to municipalities to reason with - and threaten - the holdouts and absorb the cost of expensive litigation.

Despite the devastation caused by superstorm Sandy, dozens of property owners still won't sign easements. Some have complained that higher dunes could block oceanfront views, while others oppose government encroachment on their property. Others worry that allowing access for dune construction could lead towns to eventually build restrooms, boardwalks or other public facilities on their land, even though local officials have said that the easement only permits dune and beach construction and maintenance.

Still others are hoping for a court-ordered payout along the lines of a Harvey Cedars couple who won a $375,000 judgment in March 2011. The couple refused to sign an easement for a dunes project, and the borough then used eminent domain to acquire the land. A court ruled they were entitled to that money because the dunes lowered the value of their property.

In Long Beach Township, 65 easements remain unsigned. Toms River has obtained 11 of the 37 easements it needs to cover its beachfront area, and Ship Bottom has 17 unsigned easements. Mantoloking spokesman Chris Nelson said about "four or five" oceanfront landowners have not yet signed the legal documents.

Different towns have employed different strategies for trying to get the holdouts to budge. Mantoloking hired a law firm last week to initiate eminent domain proceedings against beachfront landowners who refuse to sign. Under eminent domain, the governing body can take private property for public use, as long as the owner is fairly compensated for the land. But it is an expensive and often protracted legal process.

Long Beach, on the other hand, is starting to enforce an ordinance, untested in the courts, that would require homeowners who have not signed their easements to pay for repairs to dunes in front of their homes. If repairs are not completed within 15 days of the time notice is received, the township will have the work done and then bill homeowners for it. This strategy is worth a try, if only to test its constitutionality.

Still, towns' resources are limited. Christie has to do more than use the bully pulpit. The dunes must be built, and municipalities should use every option they have to get it done. But the state should take the lead in the battle and pick up the tab for the fight.

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Opinion: State should lead easement fight

Gov. Chris Christie drew a line in the sand this week at a Long Beach Island town hall meeting, railing against the greedy, mule-headed homeowners who refuse to sign easements allowing dunes to be

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